Knowlton v. District Attorney et al

Filing 7

JUDGMENT ADOPTING 6 Report and Recommendations,,,. Signed by Judge Tucker L Melancon on 12/3/09. (crt,Jordan, P)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAKE CHARLES DIVISION JOHN MICHAEL KNOWLTON DOCKET NO. 2:09-cv-1068 VS. OFFICE OF DISTRICT ATTORNEY, ET AL JUDGE MELAN~ON MAGISTRATE JUDGE METHVIN JUDGMENT There being no objection to the proposed findings of fact and conclusions of law in the Report and Recommendation of the Magistrate Judge previously filed herein these findings and conclusions are accepted. Alternatively, an independent review of the record has led this court to conclude that the proposed findings and conclusions are entirely correct. Accordingly, it is ORDERED that plaintiff's civil rights claims against Judge O'neal, District Attorney Burton, and Assistant District Attorneys Morton and Blankenship be DISMISSED WITH PREJUDICE as frivolous and for failing to state a claim on which relief may be granted in accordance with the provisions of 28 U.S.C. § 1915(e)(2)(B)(i) and (ii). IT IS FURTHER ORDERED that plaintiff's civil rights claims against defendants Meisner, Beebe, and Faciane should be DISMISSED WITHOUT PREJUDICE until the pending criminal case has run its course. IT IS FINALLY ORDERED that plaintiff's claims for injunctive relief be DISMISSED WITH PREJUDICE as frivolous and for failing to state a claim on which relief may be granted in accordance with the provisions of 28 U.S.C. § 1915(e)(2)(B)(i) and (ii). THUS DONE AND SIGNED, in Chambers, at Lafayette, Louisiana, this 3rd day of December, 2009. Tucker L Me1a~icon UNITED STATES DISTRICT JUDGE

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